The USD School of Law faculty publishes regularly in some of the nation's top academic journals. Check out featured scholarship from some of the most distinguished scholars in their respective fields.
Claus, Laurence
Books
- Law's Evolution and Human Understanding (Oxford University Press 2012)
Journal Articles
- Authority and Meaning, 52 Connecticut Law Review 1497 (2021)
- Separation, Enumeration, and the Implied Bill of Rights, 36 Journal of Law & Politics 93 (2021)
- The Law of Constitutional Characterization, 33 National Law School of India Review 476 (2021)
- A Republic, If the Courts Can Keep It?, 2020 Wisconsin Law Review 395 (2020)
- The Framers' Compromise, 67 American Journal of Comparative Law 677 (2019)
- Enumeration and the Silences of Constitutional Federalism, 16 International Journal of Constitutional Law 904 (2018)
- The Divided Executive, 13 Duke Journal of Constitutional Law and Public Policy 25 (2018)
- Law's Evolution and Human Understanding, 51 San Diego Law Review 953 (2014)
- Constitutional Courts as 'Positive Legislators', 58 American Journal of Comparative Law 479 (2010) (with Kay)
- The Empty Idea of Authority, 2009 University of Illinois Law Review 1301 (2009)
- Methodology, Proportionality, Equality: Which Moral Question Does the Eighth Amendment Pose?, 31 Harvard Journal of Law and Public Policy 35 (2008)
- The One Court That Congress Cannot Take Away: Singularity, Supremacy, and Article III, 96 Georgetown Law Journal 59 (2007)
- Constitutional Guarantees of the Judiciary: Jurisdiction, Tenure, and Beyond, 54 American Journal of Comparative Law 459 (2006)
- Montesquieu's Mistakes and the True Meaning of Separation, 25 Oxford Journal of Legal Studies 419 (2005)
- Protecting Rights from Rights: Enumeration, Disparagement, and the Ninth Amendment, 79 Notre Dame Law Review 585 (2004)
- The Antidiscrimination Eighth Amendment, 28 Harvard Journal of Law and Public Policy 119 (2004)
- Budgetary Federalism in the United States, 50 American Journal of Comparative Law 581 (2002)
- 'Uniform Throughout the United States:' Limits on Taxing as Limits on Spending, 18 Constitutional Commentary 517 (2001)
- Federalism and the Judges: How the Americans Made Us What We Are, 74 Australian Law Journal 107 (2000)
- Implication and the Concept of a Constitution, 69 Australian Law Journal 887 (1995)
Chapters of Books or Articles within Books
- Vindicating Judicial Supremacy, in Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander (Heidi M. Hurd ed., Cambridge University Press 2018)
- Separation of Powers and Parliamentary Government, in Global Perspectives on Constitutional Law (Vikram Amar & Mark Tushnet eds., Oxford University Press 2009)